Booking Terms and Conditions, Liability Release and Assumption of Risk
Booking Terms and Conditions
Africa Dynamics (AD) is a trading name of Event Dynamics LLC, a limited liability company registered in the state or Oregon. The following terms used in the enclosed required forms shall be considered synonymous: safari, tour, and trip, all of which refer to the travel arrangements being booked with AD. Additionally, the following terms: client, guest, participant, member, passenger, and traveler all refer to you, as the traveler.
1. Reservations and Payments
Standard policy for the majority of AD third party suppliers is that a provisional booking will be held for a period of 21 days only, after which a response is required on whether to confirm or release the space. Payment of a non-refundable deposit of 20 % or 25 % of the safari fare (as specified to you), along with a completed and signed Reservations booking Form and a completed and signed Liability Release and Assumption of Risk Agreement are required in order to confirm your reservation. Upon receipt of your signed Reservation and Release forms and your deposit, we will, subject to availability, reserve your place on your selected safari. The balance of the safari price is due not later than 8 weeks prior to departure. Air travel details and the signed and completed Travel Insurance form is also due at this time. Upon receipt of your full payment, the signed Reservations and Release forms, signed by each guest, plus the completed and signed Travel Insurance Acceptance form, we will send vouchers, safari information, packing recommendations, pre-travel guidelines, etc.
2. Cancellation and Refund Policy
Cancellations are only effective upon AD’s receipt of written notification, signed by the client. If cancellation is made prior to 8 weeks before departure, your full deposit is forfeited. If your cancellation is made after the due date of full payment of your trip fare, additional charges will be levied and can be as much as 100% depending on destination, high season etc. Should you fail to join a tour or join it after departure or leave it prior to its completion, no tour fare refund will be made. Some air fare may be non-refundable. There will be no refunds from AD for any unused portions of the tour. The above policy applies to all travel arrangements made via AD.
3. Insurance
It is a condition of booking that the sole responsibility lies with the guest to ensure that they carry the correct comprehensive travel and medical insurance to cover themselves, as well as any dependents and traveling companions, for the duration of their tour to Africa. The insurance should include coverage in respect of, but not limited to, the following eventualities: cancellation or curtailment of all or part of the trip, emergency evacuation expenses, medical expenses, repatriation expenses, damage, theft or loss of personal baggage, money and goods. AD will take no responsibility for any costs for losses incurred or suffered by the guest, or guest’s dependents or traveling companions, with regards to, but not limited to, any of the above-mentioned eventualities. Guests will be charged directly by the relevant service providers for any emergency services they may require and may find themselves in a position unable to access such services should they not be carrying the relevant insurance coverage. A Travel Insurance Acceptance form must be completed and returned to AD as a condition of travel.
4. Medical Information/Liability Release
Participation on a safari or tour generally requires that you be in generally good health. All guests must understand that while a high level of fitness is not required, a measure of physical activity is involved in all African safaris and tours. It is essential that persons with any medical problems and/or related dietary restrictions make these known to us well before departure. Anti-malaria precautions should be taken, and these are the sole responsibility of the client. Any required inoculations must be recorded by the client’s health practitioner on a valid vaccination certificate which the client must carry in his/her possession throughout the tour. AD will not assume responsibility for the accuracy of any medical information. You should consult your doctor or pharmacist for up to date requirements and personal recommendations. By forwarding the tour deposit, the signed Reservations Booking Form and the signed Liability Release and Assumption of Risk Agreement, the traveler certifies that he/she does not knowingly have any physical or other conditions of disability that would create a risk for his/her or other tour participants. A Liability Release and Assumption of Risk Agreement must be signed by each tour participant prior to commencement of a tour. Participation by any traveler will be declined in the absence of the signed Liability Release Form, with no tour fee refund.
5. Currency Fluctuation
In order to keep rates as low as possible, we do not build into the price an allowance to cover possible increases from currency fluctuations. Therefore, as currencies do fluctuate constantly around the world, it may be necessary for us to raise the tour cost, at any time before final payment, if there are exceptional cost increases beyond our control. An increase in the tour price shall not be sufficient grounds for any refund or fees already paid for the tour.
6. Airfares & Delays
Airfares are subject to change without notice prior to ticketing. AD is not responsible for any airline schedule or airfare changes, cancellations, overbooking or damage or loss of baggage and property to the extent that such items are beyond its control. Any and all claims for any loss or injury suffered on any airline must be made directly with the airline involved and not AD. Air schedule changes may necessitate additional nights being added to your tour. Provided these schedule changes are beyond the control of AD, any resulting additional costs must be borne by the guest. AD cannot be held liable for any delays or additional costs incurred as a result of airlines not running to schedule.
7. Tour Cancellations
AD shall not be responsible for occurrences that are beyond its control, such as strikes, wars, acts of God, acts of government or any other cause whatsoever, beyond its control, that may make operation of the tour impossible, illegal or inadvisable. AD is not responsible for any expenses incurred by tour members in preparing for the tour, including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees, or other tour-related expenses.
8. Guide Replacement
If a private guide is unable to lead a pre-scheduled safari due to illness etc., AD and its operators in Africa reserve the right to substitute another guide.
9. Itinerary Changes
Although every effort is made to adhere to schedules, it should be noted that our operators in Africa may be obliged to occasionally change routes and camps on safaris as dictated by changing weather or wildlife conditions. Seasonal rainfall, bush fires or other natural occurrences may bring about such conditions. AD shall not be held responsible for such itinerary changes as discussed above, provided such changes are beyond the control of AD. Every effort is made to provide our travelers with this information well in advance of travel if possible.
10. Specific Accommodation
While our operators use their best endeavors to ensure that all reserved accommodation is available as planned, AD shall not be held responsible for a refund either in the whole or part, if any accommodation or excursion is unavailable and a reasonable alternative, acceptable to the guest, is found. If the guest is unable or unwilling to use any alternative service provided in the itinerary, then there are no refunds due.
11. Luggage
For safety and because space is restricted, baggage in the charter aircrafts commonly used to transport guest to and from safari camps is restricted to a maximum of 20 kg/44 lbs per person in a soft bag (Botswana and Namibia). In some areas, this limit is 15 kg/40 lbs per person in soft bags. This includes camera equipment and carry-on baggage. Should guests arrive with excess baggage without prior warning, their baggage could be delayed, as our operators in Africa may then have to fly the baggage into camps at a later stage at considerable extra cost to the guest. However, should the guests know in advance that their baggage will exceed the limit, we can usually make arrangements to book an extra seat for the bags on the aircraft, at an additional cost. Where possible, and where guests are flying in and out of the same airport, storage facilities are offered.
12. Wild Animals
Please be aware that our safaris may take you into close contact with wild animals. Attacks by wild animals are rare, but no safari into the African wilderness can guarantee that this will not occur. AD cannot be held responsible for any injury or incident on the safari. Please note that the majority of the safari camps are not fenced, and that wildlife do move freely in and around the camps. Always follow the safety instructions from the camp’s staff with regards to moving to and from your tent and while on game activities throughout your safari.
13. Passports & Visas
The onus is upon the guest to ensure that passports and visas are valid for the countries they plan to visit. AD cannot be held liable for any visas and/or passports, which are invalid or not held by the guests, nor for the cost of any passports or visas. Please check with us for up-to-date passport requirements for the countries you are visiting. It is imperative that passports are valid for 6 months from departure date at the end of the trip, and that that on arrival in Africa, all passports have at least 2 adjacent blank visa pages (if more than 2 African countries are included in the itinerary, a minimum of 4 blank pages must be available in the passports).
14. Not Included (Varies by Itinerary)
Insurance to cover for cancellation and curtailment, medical, baggage, money and emergency evacuation, beverages in certain areas, personal laundry at certain camps, gratuities to guides, paddlers and to camps staff, any excursion not related to the safari, optional meals in Victoria Falls and the bigger towns and cities.
15. Guest Representation & Consent
The person making any booking with AD, warrants that he or she has authority to enter into a contract on behalf of all other persons included in such a booking and in the event of the failure of any or all of the other persons so included to make payment, the person making the booking shall by his/her signature thereof assume personal liability for the total price of all bookings made by him/her. The payment of the deposit or any other partial payment for a reservation on a tour constitutes consent by all guests covered by that payment to all provisions of the terms and Conditions contained herein whether the guest has signed the booking form or not. The terms, under which you agree to take these tours, cannot be changed or amended except in writing signed by an authorized representative of AD.
16. Age Limits
Please consult with us for the specific age policies at the safari camps on your itinerary. If anyone misrepresents their age, our operators reserve the right to terminate the tour without refund. AD cannot be held responsible for any refund in this situation.
17. Limits of Liability
This section defines AD responsibility with respect to all of our safaris, travel and tours booked for our guests, including extensions and independent arrangements. Please read it carefully.
Africa Dynamics, its owner and employees give notice that they act only as the agent for the owners, contractors, and suppliers providing means of transportation and/or all other related travel services and that they assume no responsibility, howsoever caused, excepting its own negligence or willful misconduct, for injury, death, loss, or damage to person or property, delay or change in air or other services, howsoever caused, irregularity, inconvenience or additional expenses in connection with any service resulting directly or indirectly from: defect of any vehicle, act of God, act of war, insurrection, revolt, terrorism, government restrictions and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, sickness, wars, detention, annoyance, delays, thefts, pilferage, force majeure, wild animals, failure of any means of conveyance to arrive or depart as scheduled, travel advisories, discrepancies or changes in transit, hotel and other services over which it has not control, occurring in either the country of origin, destination or through passage, or through the acts or default of any third party company or persons engaged in conveying the passengers or in carrying out the arrangements of the tour, except for such losses caused by the negligence or willful misconduct of AD. AD may not be held responsible for loss or damage to luggage, before, during or after the tour program.
Upon advancement of deposit to Africa Dynamics, the depositor acknowledges that he/she has read and understands the above recited terms and conditions and agrees to be bound by them.
On advancement of tour deposit to AD, the depositor therefore agrees to be bound by the above terms and conditions. AD reserves the right to accept or decline any individual from participating on any or our tour programs for any reason. AD will never discriminate against any individual because of race, religion, sex, sexual preference or nationality.
Liability Release and Assumption of Risk Agreement
Please read the attached Booking Terms and Conditions carefully before signing. Each traveler must sign and complete a separate Liability Release form and return it to AD with a deposit as quoted to you, or if not previously paid, to secure the reservation/s.
Voluntary Participation and Assumption of Risk
I acknowledge that I have voluntarily chosen to participate in the trip designated on the Reservations Booking Form (or a trip I may change to). In so doing, I acknowledge that I may be subjecting myself to dangers and hazards, which could result in illness, injury or death. I also acknowledge that there are inherent risks and dangers which may arise at any time during the trip. I am specifically familiar with and accept the risks of the dangers and hazards inherent in partaking in my trip and am aware that medical services or facilities may not be available while I am participating in the trip. In order to partake of the enjoyment and excitement of this adventure travel trip, I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I agree to assume all risks of illness, injury or death.
Release and Covenant not to Sue
I understand that AD will contract with independent contractors to provide services on this trip, including transportation, travel services and guide services. I understand and acknowledge that AD has not control over and assumes no responsibility for the actions of any independent contractors, except for its own negligence or misconduct, and that no independent contractor has authority to make commitments for, or on behalf of AD. As partial consideration for my participation in the trip and for AD undertakings, I agree that neither I, nor any of my heirs, personal or legal representatives, nor family members will bring suit against AD, as a result of any acts or omissions by independent contractors, other that AD, involved in this trip. I hereby release, indemnify, and covenant not to sue AD, or its officers, directors, shareholders, agents and employees for any and all claims of whatever kind arising from my participation in the trip, including, but not limited to, personal injury, illness, death, damage or monetary loss, except for any such claims arising out of the negligent acts, omissions or misconduct of AD, or its officers, directors, shareholders, agents and employees involved with this trip.
Arbitration
Any controversy or claim arising out of, or relating to, this agreement or the performance there under, including without limitation any claim related to illness, injury or death, shall be settled by binding arbitration in the state of Washington, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraphs.
Knowing and Voluntary Execution
I have carefully read and understand the AD Booking Terms and Conditions, I have familiarized myself with all the information provided to me about this trip, and I agree to all stated conditions set forth in the Booking Terms and Conditions. I have also carefully read and agree to the terms and conditions of this agreement. I understand that it is a release of liability and a contract between myself and AD, and/or its contracted tour operators or affiliated organizations, and I sign this agreement of my own free will. This agreement is binding on my heirs, legal representatives and assigns.
Integration and Severability
Subject to the obligations and duties set forth herein, this Liability Release and Covenant Not to Sue, the AD Reservations Booking Form, AD Booking Terms and Conditions and Travel Insurance Acceptance form, all of which are incorporated herein by this reference, express the full and complete agreement and contract of the parties hereto. In the event that an arbitrator or court of law declares any term or terms of these documents invalid, such declaration shall not affect the remainder of the terms of the agreement, which shall be valid and enforceable. “If I am signing on behalf of a minor, I agree to release, hold harmless and indemnify AD for any claims of the minor.” (If applicant is under 18 years of age, a parent or legal guardian must sign for the minor).
